Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1887-10-12
ACRES FOR THE OMAHA.
Reversal of Important Wisconsin
Land huling

Reversal of Important Wisconsin,
Land huliny
WASHINGTON, ID. c., Oct. THE secre-,
tary of the interior to-day rendered two
important decisions affecting the right
of land grant railroads to indemnity
lands, the question being the extent to-
which the right of selection to
such lands can be exercised.
The question arose upon the adjust
ment made by the commissioner of the
General Land Office OF the grant for the
Chicago, st. Paul, Minneapolis & Omaha
Railway, generally known as the
Omaha" road, but is applicable to most
of the railaoad land grants. The COM
missioner, in his adjustment, held
that the company was not en-
titled to indemnity on account
of prior grants for other purposes
including swamp grants, Indian reser-
vations and the moieties of other roads
under contemporaneous grants. This
position the secretary reverses and holds
that the company is entitled under it's
grant to indemnity for all losses which
occurred prior to the definite location
of its road, whether before or after
the passage OF the granting act, except
the mOietles under cOntempOraneous
grants. The commissioner also changed
the terminal limits of the grant so as to.
exclude thereirom several thousand
acres which were formerly included
therein. This, the secretary holds,
cannot be done and directs that the adj
justment be made in accordance with
the limits originally fixed at Superior,
Wis, and fixes the southern terminus
at Hudson, Wis, on the St. Croix
River.
The commissioner treated the grant
to the Wisconsin Central Railway as be-
ing contemporaneous with that of
the Chicago, St. Paul, Mime
apolis & Omaha Company, and
deducted from the latter's grant one
half the lands within the overlapping
ten-mile limits of the former and the
six-mile limits of the latter, amount
ing to about $4,000 acres. The
secretary on this point holds that
the grant to the Omaha Company with
in it's six-mile limits was prior in date
and awards to that company all the
lands within the conflicting limits.
The commissioner also deducted
$1,000 acres approved for the
Wisconsin Farm Mortgage Com
pany, on the ground that such lands
were approved under the act of 1856,
and the grant of 1864 for the Omaha
Company provides that no Indemnity
selection shall be made in lieu of lands
received under the act of1856. This de-
duction, the secretary holds, cannot be
made.
The second decision applies to the
Bayfield, branch and deals with the
company's failure to construct its road
upon the line of definite location. The
commissioner found that by such
failure the company abandoned its
grant to the extent of such
DETECTION. The secretary, on the
contrary, finds that there was
ample reason for the DETECTION on &C
count of engineering difficulties and that.
it did not amount to an abandonment,
but was substantial compliance with
the law and thatthe company is entitled
to the lands along the line as originally
located.
The effect of this decision is to allow
the company about 204, 900 acres adj
ditional indemnity for the main line
and about 125, 900 acres for the Bayfield,
branch